Authorities said Meerdink killed the puppy after it continued to become increasingly unruly and had bitten his girlfriend and her children. The girlfriend asked Meerdink to take care of the problem. The couple said books and training were not taking care the problem.

Meerdink appealed his conviction for animal torture arguing the state's evidence was insufficient to support his conviction.

Judge Larry Eisenhauer said Meerdink intended to kill, but prosecutors failed to show that he had a "depraved intent" as the statute requires. He said no one witnessed the killing, and Meerdink didn't appear happy afterward. Judge Tabor agreed with Eisenhauer's ruling.

The dissenting judge, Anuradha Vaitheswaran, said the dog was beaten to death after having an accident in the home -- "an extreme response to an ordinary and foreseeable occurrence."